MB8-18666

MB8-18666

The RAD confirmed the RPD: the appellant had prima facie permanent resident status in Brazil at the time of the RPD hearing and failed to rebut it; her evidence about persecution in Brazil was not credible or corroborated and documentary sources did not demonstrate personal risk amounting to persecution; consequently Article 1E applies and she is excluded; the minor's claim was correctly rejected because she is a US citizen with no expressed fear and separation from the mother does not, by itself, found Convention refugee status.

Citation
MB8-18666
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 August 2019
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division Reasons and Decision Issued
Outcome
Appeal dismissed; RPD determinations confirmed
Legal Topics
Article 1 E Exclusion, Credibility Assessment, Persecution Vs Discrimination, Best Interests of the Child, Burden of Proof, Nationality and Residence Status
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Article 1 E Exclusion Credibility Assessment Persecution Vs Discrimination Best Interests of the Child +2 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division Reasons and Decision Issued

Legal Issues

  1. 1 Applicability of Article 1E to a claimant with permanent resident status in a third country
  2. 2 Whether the appellant's testimony and evidence met the burden to rebut prima facie permanent resident status
  3. 3 Whether alleged racism and xenophobia in Brazil amounts to persecution in the appellant's case

Ratio Decidendi

The RAD confirmed the RPD: the appellant had prima facie permanent resident status in Brazil at the time of the RPD hearing and failed to rebut it; her evidence about persecution in Brazil was not credible or corroborated and documentary sources did not demonstrate personal risk amounting to persecution; consequently Article 1E applies and she is excluded; the minor's claim was correctly rejected because she is a US citizen with no expressed fear and separation from the mother does not, by itself, found Convention refugee status.

Court Disposition

Appeal dismissed; RPD determinations confirmed

Orders

  • Appeal rejected under subsection 111(1)(a) of the IRPA
  • Confirm RPD finding that principal appellant is excluded under Article 1E of the Refugee Convention